TERMS & CONDITIONS - HARRIET WALEY-COHEN

 

PROGRAM/SERVICE.

Harriet Waley-Cohen (herein referred to as “Coach”) agrees to provide Speaking Engagements, Coaching Programs titled “Women’s Success Accelerator, “Own Your Brilliance”, “Empowered Woman 1:1 Coaching”, workshops (herein referred to as “Programs”) and digital downloads (herein referred to as “Products”).

DISCLAIMER.

Client understands Coach, is not an agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Coach has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Coach’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.

FEES.

The fees for Harriet Waley-Cohen Programs and Products are offered in various payment plans, full pay and other monthly plans available and are described on the website and in promotional material. They are all to be bound by the same Terms and Conditions.

If a payment is missed or fails the card used to purchase may automatically be attempted to charge again. In the event that the charge still fails, the client will be contacted to revise payment.

Client is responsible for the FULL AMOUNT of the payments, but if an issue with affording payments arrives please contact help@harrietwaleycohen.com

In the event of failed payments, Client will be removed from the program until payment is caught up to date. If Client does not correct payment failures within 30 days it will result in removal from the program in its entirety and they will remain liable for the total sum paid to date.

REFUNDS.

All sales on digital downloads are final and no refunds will be given for Products. Refund requests for Programs are accepted within the cool down period of 14 days after enrolment (i.e. payment made).Only refund requests submitted to help@harrietwaleycohen.com are taken into consideration.

Refund requests made later than 14 days after enrolment are generally not granted. We do not offer refunds for an incorrect purchase or just a change of mind.

Company Discretion. After you submit your request, all refunds are within the Coach’s sole discretion as to whether to grant or deny the refund request.

METHODS OF PAYMENT.

Client authorizes the Coach to charge Client’s credit card or debit card or PayPal. Client may pay by credit card, debit card or paypal.

If you default on your payments prior to completion and do not respond, you will be referred to our debt collection agency.

If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: help@harrietwaleycohen.com

CONFIDENTIALITY.

The Coach respects Client’s privacy and insists that Client respects the Coach and Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of the Coach is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with other Participants during the Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Coach’s publicity or privacy rights. Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or Coach’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Coach will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this product you agree that if you violate or display any likelihood of violating this session the Coach and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

PROGRAM EVENT INFORMATION

As a participant of Harriet Waley-Cohen’s Programs you may be granted access to regular group coaching throughout the program period. This applies to group programs (Women’s Success Accelerator and Own Your Brilliance). The group coaching details will be given to you in a timely manner. In the event that you cannot make the coaching dates this does not qualify you for a refund on the program and you will be given access to the recordings for at least 12 months. It is your responsibility to register and attend the coaching calls. You'll be given access to all recordings for a minimum of 12 months or the length of the program.

INTELLECTUAL PROPERTY RIGHTS.

Harriet Waley-Cohen programs are copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Coach’s intellectual property for Client’s business purposes. All intellectual property, including Coach’s copyrighted program and/or course materials, shall remain the sole property of Coach. No license to sell or distribute Coach’s materials is granted or implied. By enrolling in this program, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Coach is confidential and proprietary, and belongs solely and exclusively to the Coach, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Coach. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Coach will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

CLIENT RESPONSIBILITY.

Program has been created only for educational purposes. Client accepts and agrees that Client is fully responsible for their results from the program. Harriet Waley-Cohen makes no representations, warranties, promises, or guarantees verbally or in writing. Client understands that the results experienced by Client may vary significantly amongst participants. Client understands and acknowledges that there is a risk of loss of capital, and that there is no guarantee that any level of success will be met from the Programs - as with any investment. Material is created for a general audience and should not be assumed, construed, and interpreted as information for any specific individual. Coach assumes no responsibility for errors or omissions that may appear in any program materials.

INDEPENDENT CONTRACTOR STATUS.

Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel performs hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.

FORCE MAJEURE.

Should an event occur that is beyond reasonable control of either party including, but not limited to, acts of God, war, acts of terrorism, or State Department travel advisory make it illegal, impossible, or inadvisable to perform the terms laid out under this Agreement, the Coach performance will be extended without liability for a period of time to perform due to the occurrence.

SEVERABILITY/WAIVER.

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

MISCELLANEOUS.

LIMITATION OF LIABILITY.

Client agrees they used Coach’s services at their own risk and that Program is only an educational service being provided. Client releases Coach, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Coach will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Coach’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.

NON-DISPARAGEMENT.

The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

ASSIGNMENT.

Client may not assign this Agreement to any other person without the express prior written consent of Coach or its successor in interest, as applicable, except as expressly provided otherwise in this Agreement.

MODIFICATION.

Coach may modify the terms of this agreement at any time. All modifications shall be posted on the Harriet Waley-Cohen website and purchasers shall be notified.

TERMINATION.

Coach is committed to providing all clients with a positive experience. By enrolling, Client agrees that that the company may, at its sole discretion and at any time, choose to terminate this agreement and Client’s participation in a Program without refund if Client becomes negatively disruptive in the Program or any communities run by Harriet Waley-Cohen, including but not limited to Facebook, LinkedIn, Women’s Success Accelerator, Own Your Brilliance, workshops and webinars. Client will remain liable for the cost of the Program.

INDEMNIFICATION.

Client shall defend, indemnify, and hold harmless Coach, Coach’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Coach, or any of its shareholders, trustees, affiliates or successors. Client shall defend Coach in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Coach’s shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Coach. In consideration of and as part of my payment for the right to participate in Harriet Waley-Cohen’s Services, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Harriet Waley-Cohen and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.

EQUITABLE RELIEF.

In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.

NOTICES.

Any notices to be given hereunder by either Party to the other may be affected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: help[at]harrietwaleycohen.com. This Agreement shall be binding upon and insure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom.

If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact help@harrietwaleycohen.com

 

Updated February 8, 2023